ULTRA TECH CEMENT LTD versus RAKESH KUMAR SINGH & ANR.

ULTRA TECH CEMENT LTD versus RAKESH KUMAR SINGH & ANR.

Since recording of evidence at the post-summoning stage had commenced before 01.08.2014, the Metropolitan Magistrate, 11th Court, Calcutta has jurisdiction to entertain the complaint under Section 138 of the Negotiable Instruments Act, 1881.

Parties
Appellant: Ultra Tech Cement Ltd; Respondent: Rakesh Kumar Singh
Jurisdiction
India
Judgment Date
24 April 2015
Procedural Posture
Criminal Appeal / Appeal From High Court Decision
Outcome
Appeal allowed
Legal Topics
Negotiable Instruments, Jurisdiction, Section 138 Complaint

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Ultra Tech Cement Ltd

Appellant

Rakesh Kumar Singh

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Decision

  1. 1 Whether Metropolitan Magistrate, 11th Court, Calcutta had territorial jurisdiction to entertain the complaint under Section 138 of the Negotiable Instruments Act, 1881

Ratio Decidendi

Since recording of evidence at the post-summoning stage had commenced before 01.08.2014, the Metropolitan Magistrate, 11th Court, Calcutta has jurisdiction to entertain the complaint under Section 138 of the Negotiable Instruments Act, 1881.

Court Disposition

Appeal allowed

Orders

  • Metropolitan Magistrate, 11th Court, Calcutta shall proceed with the matter as per law